Parsons' Structural-Functional Theory of Law-A Socio-Legal Analysis and Critical Evaluation

This essay deals firstly with the evolution of functionalism in sociology and anthropology. It then treats Merton's distinction between the manifest and latent functions. Subsequently, the focus of the article is on Parsons' theory of social system. Having discussed his career, major writings and essential theoretical contributions, the author dwells on Parsons' four functional imperatives and their relevance to the law as one of the social subsystems. According to him, the law as a mechanism of social control operates in a free and open society in terms of sanction, jurisdiction, legitimation and interpretation with the aid of the legal profession. In addition, Parsons' discussion of contract, employment and property right is highly enlightening and deserves a brief mention. Finally, the treatise critically evaluates Parsons' socio-legal model and supplements it with theoretical modifications and expansions by recent scholars, such as H. Bredemeier, N. Luhmann, G. Teubner and A. Podgorecki.